Erie County District Attorney John J. Flynn announces that Erie County Court Judge Sheila A. DiTullio has found 22-year-old Detavion Magee of Buffalo guilty of Criminal Possession of a Weapon in the Second Degree for participating in a gunfight that resulted in the shooting of an 11-year-old boy. 

The verdict was rendered today after a four day non-jury trial which occurred last month. 

On June 29, 2016 at 8 p.m., the defendant was walking on Humason Avenue in Buffalo with a loaded handgun when rival gang members pulled up in a vehicle and a gunfight ensued.  During the exchange of gunfire, a stray round struck 11-year-old Juan Rodriguez in the head as he was helping his younger siblings inside the family home to escape the shooting. 

Rodriguez, who is now 12, is still recovering from his injury. 

Magee faces a maximum of 15 years in prison when he is sentenced by Judge DiTullio on July 13, 2017 at 9:30 a.m. 

DA Flynn commends the Buffalo Police Homicide Squad, including Detectives Dan Redmond, Chris Sterlace and Tony Borrelli for their thorough investigative work. 

Assistant District Attorneys Eugene T. Partridge III and Justin T. Wallens prosecuted the case.